NATIONAL INSURANCE COMPANY Vs. S M ABDUL KARIM

JUDGEMENT

(1.) This appeal is directed against order dated 7th September, 1994 passed by the District Forum, Palamu at Daltanganj in complaint case No.27 of 1994 in which the appellant here was the opposite party and the respondent here was the complainant before the District Forum.

(2.) The facts of the case for the disposal of this appeal may be briefly noticed. The complainant purchased four cows and got them insured by the opposite party for the period 17.12.93 to 16.12.94 under Policy No.170203/ 48/93/94 and those cows were numbered marked as 0199,0173,0120 and 0123 for the purposes of the Insurance. One of the four cows i. e. cow No.0199 fail ill on 20.12.93 regarding which the complainant informed the opposite party by his letter dated 27.12.93. The said cow No.0199 however died on 31.12.93 inspire of proper treatment. Information regarding which was given by the complainant in the office of the Branch Manager, the opposite party. The insured thereafter submitted his insurance claim on 13.1.94 claiming Rs.10,000/- as cost of the cow. The Insurance Company by its letter dated 20.1.94 repudiated the claim stating that since the cow died within fifteen days from the date of the commencement of the risk, it was not covered by the policy and therefore the complainant was not entitled to get any amount.

(3.) The complainant thereafter filed case before the District Forum stating inter alia that it was never made known to him by the opposite party that if any of the cow died within fifteen days from the date of the commencement of the policy, the risk was not covered by the policy and that no such information was given by the Insurance Company either orally or in writing.